Iowa-2021-SSB1223-Introduced

S.F. _____ Section 1. NEW SECTION . 714I.1 Short title. 1 This chapter shall be known and may be cited as the “Fraud 2 in Assisted Reproduction Act” . 3 Sec. 2. NEW SECTION . 714I.2 Definitions. 4 For purposes of this chapter, unless the context otherwise 5 requires: 6 1. “Assisted reproduction” means a method of causing 7 pregnancy other than sexual intercourse. 8 2. “Donor” means an individual who provides gametes 9 intended for use in assisted reproduction, whether or not for 10 consideration. 11 3. “Gamete” means a sperm, an egg, or any part of a sperm 12 or an egg. 13 4. “Health care professional” means a person who is 14 licensed, certified, or otherwise authorized or permitted by 15 the law of this state to administer health care in the ordinary 16 course of business or in the practice of a profession. 17 5. “Health facility” means a hospital, clinic, sperm bank, 18 laboratory, or other health care institution involved in the 19 assisted reproduction process. 20 6. “Human reproductive material” means a human gamete or a 21 human organism at any stage of development from fertilized ovum 22 to embryo. 23 7. “Patient” means a person who has received or is receiving 24 health services from a health care professional. 25 8. “Physician” means an individual licensed under chapter 26 148. 27 Sec. 3. NEW SECTION . 714I.3 Prohibited practices and acts. 28 1. A person shall not engage in a practice or act the 29 person knows or reasonably should have known provides false 30 information to a patient related to an assisted reproduction 31 procedure or treatment including false information relating to 32 any of the following: 33 a. The human reproductive material used or provided for 34 assisted reproduction. 35 -1- LSB 2551XC (3) 89 pf/jh 1/ 5

S.F. _____ b. The identity of a donor of human reproductive material 1 used or provided for assisted reproduction including but not 2 limited to the donor’s name, birthdate, or address at the time 3 of donation. 4 c. A donor’s medical history including but not limited to an 5 illness of the donor at the time of donation, any past illness 6 of the donor, or the social, genetic, or family history of the 7 donor. 8 2. A physician shall not use or provide a patient with human 9 reproductive material for assisted reproduction other than that 10 to which the patient consented in writing. 11 3. A health facility shall not provide a patient with 12 human reproductive material for assisted reproduction other 13 than that agreed to in writing between the patient and the 14 health facility or that is not provided in compliance with the 15 agreement between the donor and the health facility. 16 4. A person who violates this section is guilty of a class 17 “C” felony. 18 5. A violation of this section by a physician, health care 19 professional, or health facility is grounds for denial of an 20 application for, denial of renewal of, or revocation of any 21 license, permit, certification, or any other form of permission 22 required to practice a profession or establish, conduct, or 23 maintain a facility regulated by the state. 24 Sec. 4. NEW SECTION . 714I.4 Private right of action —— 25 damages —— statute of limitations. 26 1. Any of the following persons may bring a cause of action 27 for compensatory and punitive damages against any person that 28 engaged in a prohibited practice or act in violation of this 29 chapter: 30 a. The patient who gives birth to a child conceived through 31 assisted reproduction as a result of a violation of this 32 chapter. 33 b. The spouse of a patient at the time the patient utilized 34 assisted reproduction services, when the patient gives birth 35 -2- LSB 2551XC (3) 89 pf/jh 2/ 5

S.F. _____ to a child conceived through assisted reproduction as a result 1 of a violation of this chapter. 2 c. A child conceived through assisted reproduction as a 3 result of a violation of this chapter. 4 d. A donor whose human reproductive material resulted in the 5 birth of a child conceived through assisted reproduction as a 6 result of a violation of this chapter. 7 2. Each child born as a result of a violation of this 8 chapter constitutes the basis for a separate cause of action. 9 3. In an action brought under this chapter, the court may 10 award the prevailing party court costs and reasonable attorney 11 fees. 12 4. An action brought pursuant to this chapter shall be 13 brought within three years after the discovery of a violation 14 of this chapter by the person bringing the action. 15 Sec. 5. Section 709.4, Code 2021, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 1A. A physician commits sexual abuse 18 in the third degree when the physician violates chapter 19 714I by implanting the physician’s own human reproductive 20 material through assisted reproduction without the patient’s 21 prior knowledge and written consent. For the purposes of 22 this subsection, “assisted reproduction” , “human reproductive 23 material” , “patient” , and “physician” mean the same as defined 24 in section 714I.2. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill creates the “Fraud in Assisted Reproduction Act”. 29 The bill provides definitions for the purposes of the bill 30 including “assisted reproduction”, “donor”, “gamete”, “health 31 care professional”, “health facility”, “human reproductive 32 material”, “patient”, and “physician”. 33 The bill prohibits a person from engaging in a practice 34 or act the person knows or reasonably should have known 35 -3- LSB 2551XC (3) 89 pf/jh 3/ 5

S.F. _____ provides false information to a patient related to an assisted 1 reproduction procedure or treatment. 2 The bill prohibits a physician from using or providing 3 human reproductive material for assisted reproduction other 4 than that to which the patient consented in writing and 5 prohibits a health facility from providing a patient with 6 human reproductive material for assisted reproduction other 7 than that agreed to in writing between the patient and the 8 health facility or that is not provided in compliance with the 9 agreement between the donor and the health facility. 10 A person who violates these provisions of the bill is guilty 11 of a class “C” felony. A class “C” felony is punishable by 12 confinement for no more than 10 years and a fine of at least 13 $1,370 but not more than $13,660. 14 Additionally, a violation of these provisions of the bill 15 by a physician, health care professional, or health facility 16 is grounds for denial of an application for, denial of renewal 17 of, or revocation of any license, permit, certification, or any 18 other form of permission required to practice a profession or 19 to establish, conduct, or maintain a facility regulated by the 20 state. 21 The bill provides for a private cause of action to be brought 22 for compensatory and punitive damages against any person that 23 engaged in a prohibited practice or act in violation of the 24 bill. The cause of action may be brought by the patient who 25 gives birth to a child conceived through assisted reproduction 26 as a result of a violation of the bill; the spouse of a patient 27 at the time the patient utilized assisted reproduction services 28 when the patient gives birth to a child conceived through 29 assisted reproduction as a result of a violation of the bill; a 30 child conceived through assisted reproduction as a result of 31 a violation of the bill; or a donor whose human reproductive 32 material resulted in the birth of a child conceived through 33 assisted reproduction as a result of a violation of the 34 bill. Each child born as a result of a violation of the bill 35 -4- LSB 2551XC (3) 89 pf/jh 4/ 5

S.F. _____ constitutes the basis for a separate cause of action. The 1 bill provides for the payment of court costs and reasonable 2 attorney fees for the prevailing party in an action brought 3 under the bill and requires that an action brought pursuant to 4 the bill be brought within three years after the discovery of a 5 violation of the bill by the person bringing the action. 6 The bill also provides that a physician commits sexual abuse 7 in the third degree when the physician violates the bill by 8 implanting the physician’s own human reproductive material 9 through assisted reproduction without the patient’s prior 10 knowledge and written consent. Sexual abuse in the third 11 degree is also a class “C” felony. 12 -5- LSB 2551XC (3) 89 pf/jh 5/ 5